Rodd v. Durbridge
Mississippi Supreme Court
Appeal from the Chancery Court of Hancock County. Hon. G. S. McMillan, Chancellor. On the 29th March, 1871, the complainants sold certain lands to the appellee, for |7,500, one-third cash, and the balance in one and two years. For this balance the vendee gave his two notes, drawn to his order, and indorsed.
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Appeal from the Chancery Court of Hancock County. Hon. G. S. McMillan, Chancellor. On the 29th March, 1871, the complainants sold certain lands to the appellee, for |7,500, one-third cash, and the balance in one and two years. For this balance the vendee gave his two notes, drawn to his order, and indorsed. The appellants filed their bill to enforce this lien upon the property sold, alleging that the first of the notes had been paid off and discharged, and that the last, of which they made profert as holders and owners, remained wholly unpaid. This bill was not verified by affidavit. The…
1Opinion of the CourtCampbell, J.
The defendant in chancery may present his objection of the nonjoinder of a necessary party by demurrer, if the absence of a necessary party is apparent on the face of the bill; or he may plead this fact, or set it up in his answer. If a plea is filed, the complainant may set the plea down for hearing on its sufficiency, or take issue upon it. If the objection is taken by the answer, its averment as to that is like any other statement of the answer, and to be treated accordingly. If the complainant does not act on the objection taken in the answer, and the cause proceeds to final hearing,- the…
2Cited by3 opinions
- Austin Clothing Co. v. PoseyMississippi Supreme Court · 1913
- Yates v. CouncilMississippi Supreme Court · 1924
- Bowen v. DuncanMississippi Supreme Court · 1886